UNITED INDIA INSURANCE COMPANY LTD. Vs. GURMIT KAUR

JUDGEMENT

(1.) This is an appeal brought by United India Insurance Company Ltd., the insurer against the award dated 28.05.2009 passed by learned Motor Accidents Claims Tribunal, Amritsar (for short 'the Tribunal') vide which the appellant has been held liable to pay compensation. The facts required to be noticed in this appeal are mat the accident took place at 11.15 PM on 19.12.2006 while the insurance cover note which was issued at 5.00 PM on 19.12.2006 had 10.00 AM on 20.12.2006 as the effective date and time of commencement of insurance for the purpose of the Act.

(2.) Learned Tribunal took the vehicle to be insured the moment the cover note, was issued i.e. at 5.00 PM on 19.12.2006 and as the accident took place at 11.15 PM on 19.12.2006 it has been held that the vehicle was insured at the time of the accident and the liability of the insurance company would be there to satisfy the award.

(3.) Learned counsel for the appellant has contended that the insurance cover note would be there for the vehicle with effect from 10.00 AM on 20.12.2006 and as the accident occurred earlier to that, though after issuance of the cover note, the vehicle was not covered by the insurance agreement According to him, learned Tribunal has been wrong in holding that the vehicle was covered by the insurance policy. He has cited before me a decision of Hon'ble Supreme Court of India in J. Kalaivani and others v. K. Sivashankar and another, 2002 ACJ 613. It was a case of gap in the period of cover-age. The earlier policy expired by midnight of 07.02.1996 and the owner obtained another policy, which was made specifically operative from 10.00 AM on 08.02.1996. The accident occurred at 4.30 AM on 08.02.1996. Finding that there was no policy from twelve in midnight till 10.00 AM, the insurance company is held not liable. He has cited before me another decision on the point reported as Oriental Insurance Co. Ltd v. Sunita Rathi and others, 1998 118 PunLR 195 where the cover note was having an express mention of effective date and time of commencement of insurance as 2.55 PM and the accident occurred at 2.20 PM, it has been held that the insurance company is not liable.